Ex-officio therapeutic abortion in children under 14 years of age in Peru: a focus on the protection of personal integrity

Abstract

This study arises from the motivation due to the publication of the case Camila versus Perú, in which in 2017 the right of a minor under 13 years of age was totally violated, forcing her to continue with the pregnancy as a result of continued abuse by her progenitor. The objective of this study was to analyze how ex officio therapeutic abortion for children under 14 years of age contributes to the protection of their personal integrity. To this end, the research was developed under a qualitative approach, of a basic type, with a documentary design, in which various documentary sources such as magazines, laws, regulations, reports and newspapers were investigated. The technique used was documentary and content analysis, and the instrument was the documentary analysis guide. The results indicate that, although there are regulations that support therapeutic abortion in Peru, the limited application of this measure in minors was identified, which has an impact on the physical, emotional and psychological health of the pregnant woman, in addition to violating her personal integrity. It is concluded that the Peruvian State has the responsibility to take active measures to ensure the health and personal integrity of pregnant minors, even in contexts in which therapeutic abortion faces social or moral obstacles. The ex officio therapeutic abortion constitutes a manifestation of said state responsibility.